Thursday, October 30, 2008

May 9, 2008

Hill, 33 FLW 1202, 3rd DCA, new trial where error in the following ways:
A. state violate motion in limine where not mention high crime area and, error to introduce that police knew drug sales were taking place in the neighborhood
B. def not testify and ofc only witness to the transaction, state comment in closing that evidence was uncontroverted and uncontradicted improper burden shifting comment on def right to remain silence

Rawlings, 33 FLW 1211, 4th DCA, Poss of cannabis with intent to sell or deliver-evidence that the def possessed 31 individual bags of marijuana with a total weight of 28.8 grams and this testimony was inconsistent with personal use ok, cf Phillips 961/1137(2nd DCA). conflict certified

Prince, 33 FLW 1211, 4th DCA, error to deny JOA GT Auto where state failed ot prove def anything other than a passenger in a stolen car.

The Law Office of Roger P. Foley, P.A.

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